BILL NUMBER: SB 162	CHAPTERED  10/10/99

	CHAPTER   1002
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	CONFERENCE REPORT NO.   1
	PROPOSED IN CONFERENCE   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   JULY 12, 1999
	AMENDED IN SENATE   JUNE 2, 1999
	AMENDED IN SENATE   MAY 19, 1999
	AMENDED IN SENATE   MAY 6, 1999
	AMENDED IN SENATE   APRIL 14, 1999
	AMENDED IN SENATE   MARCH 22, 1999
	AMENDED IN SENATE   MARCH 1, 1999

INTRODUCED BY   Senator Escutia

                        JANUARY 11, 1999

   An act to add Sections 17210, 17210.1, and 17213.1 to, the
Education Code, relating to school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 162, Escutia.  School facilities:  contamination.
   Under the Leroy F. Greene School Facilities Act of 1998, an
eligible school district may receive funding for new construction of
school facilities.
   Existing law prohibits the governing board of a school district
from approving a project involving the acquisition of a schoolsite or
the construction of a school by the school district unless specified
actions are taken with regard to potential contamination of the
site, including a determination by the lead agency, as defined, that
the property purchased or to be built upon is not the site of a
current or former hazardous waste disposal site or solid waste
disposal site, or a hazardous substance release site.
   This bill would provide that, as a condition of receiving funding
under the Leroy F. Greene School Facilities Act of 1998, the
governing board of a school district is prohibited from approving the
acquisition of a schoolsite, or if the school district owns or
leases a schoolsite, from proceeding with the construction of a
project, unless the governing board causes certain environmental
assessments to be conducted that are reviewed and approved by the
Department of Toxic Substances Control.
   This bill would require the school district to reimburse the
Department of Toxic Substances Control for all of its response costs
and would provide that these costs may be reimbursed under the Leroy
F. Greene School Facilities Act of 1998.
   This bill would provide that a school district is not liable in
any action filed against the district for making a preliminary
endangerment assessment available for public review.
   This bill would provide that the Carpenter-Presley-Tanner
Hazardous Substance Account Act applies to schoolsites of school
districts electing to receive state funds where naturally occurring
hazardous materials are present, regardless of whether there has been
a release of a hazardous material.
   This bill would provide that it would not become operative unless
and until AB 387 is chaptered and becomes operative.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17210 is added to Chapter 1 (commencing with
Section 17210) of Part 10.5 of the Education Code, to read:
   17210.  As used in this article, the following terms have the
following meanings:
   (a) "Administering agency" means any agency designated pursuant to
Section 25502 of the Health and Safety Code.
   (b) "Environmental assessor" means a class II environmental
assessor registered by the Office of Environmental Health Hazard
Assessment pursuant to Chapter 6.98 (commencing with Section 25570)
of Division 20 of the Health and Safety Code or a licensed hazardous
substance contractor certified pursuant to Chapter 9 (commencing with
Section 7000) of Division 3 of the Business and Professions Code.  A
licensed hazardous substance contractor shall hold the equivalent of
a degree from an accredited public or private college or university
or from a private postsecondary educational institution approved by
the Bureau for Private Postsecondary and Vocational Education with at
least 60 units in environmental, biological, chemical, physical, or
soil science; engineering; geology; environmental or public health;
or a directly related science field.  In addition, a contractor who
conducts Phase I environmental assessments shall have a least two
years experience in the preparation of those assessments and a
contractor who conducts a preliminary endangerment assessment shall
have at least three years experience in conducting those assessments.

   (c) "Handle" has the meaning the term is given in Article 1
(commencing with Section 25500) of Chapter 6.95 of Division 20 of the
Health and Safety Code.
   (d) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
  As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substance identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
   (e) "Hazardous material" has the meaning the term is given in
subdivision (d) of Section 25260 of the Health and Safety Code.
   (f) "Operation and maintenance," "removal action work plan,"
"respond," "response," "response action" and "site" have the meanings
those terms are given in Article 2 (commencing with Section 25310)
of the state act.
   (g) "Phase I environmental assessment" means a preliminary
assessment of a property to determine whether there has been or may
have been a release of a hazardous material, or whether a naturally
occurring hazardous material is present, based on reasonably
available information about the property and the area in its
vicinity.  A Phase I environmental assessment may include, but is not
limited to, a review of public and private records of current and
historical land uses, prior releases of a hazardous material, data
base searches, review of relevant files of federal, state, and local
agencies, visual and other surveys of the property, review of
historical aerial photographs of the property and the area in its
vicinity, interviews with current and previous owners and operators,
and review of regulatory correspondence and environmental reports.
Sampling or testing is not required as part of the Phase I
environmental assessment.
   (h) "Preliminary endangerment assessment" means an activity that
is performed to determine whether current or past hazardous material
management practices or waste management practices have resulted in a
release or threatened release of hazardous materials, or whether
naturally occurring hazardous materials are present, which pose a
threat to children's health, children's learning abilities, public
health or the environment.  A preliminary endangerment assessment
requires sampling and analysis of a site, a preliminary determination
of the type and extent of hazardous material contamination of the
site, and a preliminary evaluation of the risks that the hazardous
material contamination of a site, may pose to children's health,
public health, or the environment, and shall be conducted in a manner
that complies with the guidelines published by the Department of
Toxic Substances Control entitled "Preliminary Endangerment
Assessment:  Guidance Manual," including any amendments that are
determined by the Department of Toxic Substances Control to be
appropriate to address issues that are unique to schoolsites.
   (i) "Proposed schoolsite" means real property acquired or to be
acquired or proposed for use as a schoolsite, prior to its occupancy
as a school.
   (j) "Regulated substance" means any material defined in
subdivision (g) of Section 25532 of the Health and Safety Code.
   (k) "Release" has the same meaning the term is given in Article 2
(commencing with Section 25310) of Chapter 6.8 of Division 20 of the
Health and Safety Code, and includes a release described in
subdivision (d) of Section 25321 of the Health and Safety Code.
   (l) "Remedial action plan" means a plan approved by the Department
of Toxic Substances Control pursuant to Section 25356.1 of the
Health and Safety Code.
   (m) "State act" means the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Chapter 6.8 (commencing with Section 25300) of
Division 20 of the Health and Safety Code).
  SEC. 2.  Section 17210.1 is added to the Education Code, to read:
   17210.1.  (a) Notwithstanding any other provision of law:
   (1) For sites addressed by this article for which school districts
elect to receive state funds pursuant to Chapter 12.5 (commencing
with Section 17070.10), the state act applies to schoolsites where
naturally occurring hazardous materials are present, regardless of
whether there has been a release or there is a threatened release of
a hazardous material.
   (2) For sites addressed by this article for which school districts
elect to receive state funds pursuant to Chapter 12.5 (commencing
with Section 17070.10), all references in the state act to hazardous
substances shall be deemed to include hazardous materials and all
references in the state act to public health shall be deemed to
include children's health.
   (3) All risk assessments conducted by school districts that elect
to receive state funds pursuant to Chapter 12.5 (commencing with
Section 17070.10) at sites addressed by this article shall include a
focus on the risks to children's health posed by a hazardous
materials release or threatened release, or the presence of naturally
occurring hazardous materials, on the schoolsite.
   (4) The response actions selected under this article shall, at a
minimum, be protective of children's health, with an ample margin of
safety.
   (b) In implementing this article, the Department of Toxic
Substances Control shall comply with Sections 25358.7 and 25358.7.1
of the Health and Safety Code.
   (c) Nothing in this article shall be construed to limit the
authority of the Department of Toxic Substances Control or the State
Department of Education to take any action otherwise authorized under
any other provision of law.
   (d) The Department of Toxic Substances Control shall comply with
Chapter 6.66 (commencing with Section 25269) of Division 20 of the
Health and Safety Code when recovering its costs incurred in carrying
out its duties pursuant to this article.
   (e) Article 11 (commencing with Section 25220) of Chapter 6.5 of
Division 20 of the Health and Safety Code does not apply to
schoolsites at which all necessary response actions have been
completed.
  SEC. 3.  Section 17213.1 is added to the Education Code, to read:
   17213.1.  As a condition of receiving state funding pursuant to
Chapter 12.5 (commencing with Section 17070.10) the governing board
of a school district shall comply with subdivision (a), and is not
required to comply with subdivision (a) of Section 17213, prior to
the acquisition of a schoolsite, or if the school district owns or
leases a schoolsite, prior to the construction of a project.
   (a) Prior to acquiring a schoolsite the governing board shall
contract with an environmental assessor to conduct a Phase I
environmental assessment of the proposed schoolsite.
   (1) The Phase I environmental assessment shall contain one of the
following recommendations:
   (A) A further investigation of the site is not required.
   (B) A preliminary endangerment assessment is needed, including
sampling or testing, to determine the following:
   (i) If a release of hazardous material has occurred and, if so,
the extent of the release.
   (ii) If there is the threat of a release of hazardous materials.
   (iii) If a naturally occurring hazardous material is present.
   (2) If the Phase I environmental assessment concludes that further
investigation of the site is not required, the assessment together
with all documentation related to the proposed acquisition or use of
the proposed schoolsite shall be submitted to the State Department of
Education.  A school district may submit a Phase I environmental
assessment to the State Department of Education prior to its
submission of other documentation related to the proposed schoolsite
acquisition or use.  Within 10 calendar days of receipt of the Phase
I environmental assessment, the State Department of Education shall
transmit the Phase I environmental assessment to the Department of
Toxic Substances Control for its review and approval, which shall be
conducted by the Department of Toxic Substances Control within 30
calendar days of its receipt of the assessment.  If the Department of
Toxic Substances Control concurs with the conclusion of the Phase I
environmental assessment that a further investigation of the site is
not required, the Department of Toxic Substances Control shall
approve the Phase I environmental assessment and shall notify the
State Department of Education and the governing board of the school
district of the approval.
   (3) If the Phase I environmental assessment concludes that a
preliminary endangerment assessment is needed, or if the Department
of Toxic Substances Control concludes that a preliminary endangerment
assessment is needed, the school district shall either contract with
an environmental assessor to prepare a preliminary endangerment
assessment of the proposed schoolsite and enter into an agreement
with the Department of Toxic Substances Control to oversee the
preparation of the preliminary endangerment assessment or elect not
to pursue the acquisition or construction project.  The preliminary
endangerment assessment shall contain one of the following
conclusions:
   (A) A further investigation of the site is not required.
   (B) A release of hazardous materials has occurred, and if so, the
extent of the release, that there is the threat of a release of
hazardous materials, or that a naturally occurring hazardous material
is present, or any combination thereof.
   (4) The school district shall submit the preliminary endangerment
assessment to the Department of Toxic Substances Control for its
review and approval.  The school district shall also make the
preliminary endangerment assessment available to the public for
review for not less than 30 calendar days.
   (5) The Department of Toxic Substances Control shall complete its
review within 60 calendar days of receipt of the preliminary
endangerment assessment and shall either approve or disapprove the
preliminary endangerment assessment.
   (6) If the Department of Toxic Substances Control disapproves the
preliminary endangerment assessment, it shall inform the district of
the decision, the basis for the decision, and actions necessary to
secure the Department of Toxic Substances Control approval of the
preliminary endangerment assessment.  The school district shall take
actions necessary to secure the approval of the Department of Toxic
Substances Control of the preliminary endangerment assessment or
elect not to pursue the acquisition or construction project.
   (7) If the preliminary endangerment assessment determines that a
further investigation of the site is not required and the Department
of Toxic Substances Control approves this determination, it shall
notify the State Department of Education and the school district of
its approval.  The school district may then proceed with the
acquisition or construction project.
   (8) If the preliminary endangerment assessment determines that a
release of hazardous material has occurred, that there is the threat
of a release of hazardous materials, that a naturally occurring
hazardous material is present, or any combination thereof, that
requires further investigation, and the Department of Toxic
Substances Control approves this determination, the school district
may elect not to pursue the acquisition or construction project.  If
the school district elects to pursue the acquisition or construction
project, it shall do all of the following:
   (A) Prepare a financial analysis that estimates the cost of
response action that will be required at the proposed schoolsite.
   (B) Assess the benefits that accrue from using the proposed
schoolsite when compared to the use of alternative schoolsites, if
any.
   (C) Obtain the approval of the State Department of Education that
the proposed schoolsite meets the schoolsite selection standards
adopted by the State Department of Education pursuant to subdivision
(b) of Section 17251.
   (D) Evaluate the suitability of the proposed schoolsite in light
of the recommended alternative schoolsite locations in order of merit
if the school district has requested the assistance of the State
Department of Education, based upon the standards of the State
Department of Education, pursuant to subdivision (a) of Section
17251.
   (9) The school district shall reimburse the Department of Toxic
Substances Control for all of the department's response costs.
   (b) The costs incurred by the school districts when complying with
this section are allowable costs for purposes of an applicant under
Chapter 12.5 (commencing with Section 17070.10) of Part 10 and may be
reimbursed in accordance with Section 17072.13.
   (c) A school district that releases a preliminary endangerment
assessment, or information concerning a preliminary endangerment
assessment, required by this section, may not be held liable in any
action filed against the school district for making the preliminary
endangerment assessment available for public review.
  SEC. 4.  Sections 1 to 3, inclusive, of this act shall not become
operative unless and until Assembly Bill 387 of the 1999-2000 Regular
Session is chaptered and becomes operative.
